Facing an administrative license suspension after a DUI arrest in Tampa or Hillsborough County can be overwhelming and stressful. Not only can a suspended license affect your independence, but it can also take away your work opportunities and threaten your future.
At Metcalf Falls, Criminal Defense Attorneys, P.A., we understand the urgency of fighting a DUI administrative suspension. Our experienced legal team can help you challenge the suspension and work to restore your driving privileges.
Call (813) 981-7005 today for a free consultation.
Understanding Florida DUI Administrative License Suspensions
Under Florida Statute § 322.2615, your driving privileges can be immediately suspended if your blood-alcohol content (BAC) is 0.08 or higher, or if you refuse to submit to a breath, blood, or urine test. A suspension can impact your daily life, job, and personal responsibilities, making it critical to take immediate action.
When arrested for DUI in Florida, law enforcement will confiscate your driver’s license and issue a notice of suspension. This suspension can occur under the following circumstances:
- Your BAC was 0.08 or higher.
- You refused to submit to a chemical test.
The suspension goes into effect immediately, and you will receive a temporary driving permit valid for 10 days. During this time, you have the right to request a hearing to challenge the suspension and explore eligibility for a hardship license.
Florida DUI Administrative Suspension Penalties
Under Florida law, administrative penalties for DUI-related offenses are strict and increase with prior violations.
First-Offense DUI Suspension
- BAC of 0.08 or higher: 6-month suspension
- Refusal to submit to testing: 1-year suspension
- Temporary driving permit: Valid for 10 days after arrest
Second or Subsequent DUI Suspension
- BAC of 0.08 or higher: 1-year suspension
- Refusal to submit to testing: 18-month suspension
- Limited eligibility for hardship license
Even if your criminal DUI case is dismissed, administrative suspensions remain in effect unless successfully challenged through the Florida Department of Highway Safety and Motor Vehicles (DHSMV).
Challenging a DUI Administrative Suspension in Tampa
You have 10 days from the date of your DUI arrest to request an administrative review hearing with the DHSMV. During this hearing, your attorney can present evidence and challenge the validity of the suspension based on the following:
Lack of Probable Cause
If the arresting officer did not have reasonable suspicion or probable cause to stop your vehicle, the suspension could be invalidated.
Improper Testing Procedures
Law enforcement must follow strict guidelines when administering breath, blood, or urine tests. Any procedural errors could result in the dismissal of the suspension.
Violation of Rights
If you were not informed of your rights, including the consequences of refusing a test, your attorney may argue for the suspension to be overturned.
Insufficient Evidence
The prosecution must provide substantial evidence to support the suspension. If the evidence is weak or unreliable, the suspension may be dismissed.
Formal vs. Informal Review Hearings
When challenging your DUI administrative suspension, you can request one of two types of hearings:
Formal Review Hearing
A formal hearing allows your attorney to:
- Cross-examine witnesses, including the arresting officer
- Present evidence and legal arguments
- Challenge any procedural errors or rights violations
If you fail to appear, the suspension will be upheld.
Informal Review Hearing
During an informal hearing, a DHSMV hearing officer will review the submitted documents without live testimony. This option is less aggressive but may still result in a favorable outcome.
Applying for a Hardship License
If your administrative suspension is upheld, you may be eligible to apply for a hardship license under Florida Statute § 322.271. A hardship license allows you to drive for:
- Work-related purposes
- School commitments
- Essential daily needs
The eligibility timeline for applying varies based on the type of suspension:
- 30 days after a BAC-related suspension
- 90 days after a refusal-related suspension
Your attorney can assist with the hardship license application and guide you through the process to regain limited driving privileges.
FAQs About DUI Administrative License Suspensions in Florida
What happens if I don’t request a hearing within 10 days?
If you do not request a hearing within 10 days, your license will be automatically suspended, and you will lose the opportunity to challenge the suspension.
Can I drive after my license is suspended?
Once your temporary permit expires, driving without a hardship license is illegal and can result in additional charges.
Will my DUI case affect my administrative suspension?
Your DUI criminal case is separate from the administrative suspension. Even if the DUI charges are reduced or dismissed, the suspension remains unless successfully challenged.
How long does the administrative suspension process take?
The formal review hearing must be scheduled within 30 days of your request. A decision is typically issued within seven working days after the hearing.
Can I get my license reinstated after a suspension?
You may apply for reinstatement after completing the suspension period and any required conditions, such as DUI programs or fines.
Is a hardship license guaranteed?
No, hardship licenses are granted based on eligibility and your driving history. Your attorney can help improve your chances of approval.
Can I challenge a suspension if I refused a breath test?
Yes, refusing a breath test carries severe penalties, but there are defenses available, such as lack of probable cause or improper testing procedures.
How can an attorney help with my DUI administrative suspension?
An experienced DUI defense lawyer can challenge the suspension, present evidence on your behalf, and fight for reinstatement or hardship driving privileges.
Why Work With Our Tampa DUI Administrative License Suspension Lawyers?
An administrative license suspension in Florida can occur immediately after a DUI arrest, even before any conviction in court. This suspension can have a significant impact on your daily life, from getting to work to managing family responsibilities. Challenging the suspension and protecting your driving privileges is crucial, and working with an experienced DUI defense attorney like Brett Metcalf can help you navigate the complexities of Florida’s DUI laws and protect your rights.
Brett Metcalf’s background as a former prosecutor provides him with valuable insight into the processes surrounding DUI cases and administrative license suspensions. His knowledge of the legal system and experience in handling DUI cases gives him an edge in challenging the suspension and fighting for the reinstatement of your driver’s license. Brett is committed to ensuring that your rights are upheld throughout the process, whether it’s challenging the results of a breathalyzer test or examining procedural errors made by law enforcement.
Since 2012, Brett has successfully represented Tampa residents facing DUI-related administrative license suspensions. He works to request formal review hearings, represent you in those hearings, and negotiate favorable outcomes, such as reducing the suspension period or reinstating driving privileges under certain conditions. When necessary, Brett will advocate for alternative sentencing options, such as hardship permits or driving privileges during specific hours.
Brett’s dedication has earned him widespread recognition, including being named a Super Lawyers Rising Star and holding a perfect 10 rating on Avvo.com. With over 90 five-star reviews, his proven track record demonstrates his commitment to helping clients move forward without a criminal record holding them back.
Contact a Tampa DUI Administrative Suspension Lawyer Today
If you’re facing an administrative license suspension after a DUI arrest in Tampa or Hillsborough County, it’s essential to take immediate action. Our team at Metcalf Falls, Criminal Defense Attorneys, P.A., can guide you through the process and fight to protect your driving privileges.
Call us at (813) 981-7005 today to schedule a free consultation and discuss your legal options.
